San Francisco Chronicle
Wednesday, December 24, 2003
Page A - 1

 

Foul-mouthed comic gets the last laugh
N.Y. governor grants posthumous pardon

 

Peter Hartlaub, Chronicle Staff Writer

Four-letter words put Lenny Bruce on the wrong side of the law, and a six-letter word from New York Gov. George Pataki got him out.

Nearly four decades after the ribald comic was convicted of an obscenity charge, Pataki on Tuesday granted Bruce a posthumous pardon. Pataki had been pressured recently by two Bruce biographers, Bruce's family and scores of stand-up comics and actors -- including local artists Robin Williams and the Smothers Brothers.

"I'm sure he would be mightily pleased that people are still talking about him and thinking about him, because that was a lonely ending he had,'' said Tom Smothers, who with brother Dick fought television censorship battles in the late 1960s. "To be a dissenter and fight the establishment, there's great risk. He had great courage. He never backed down.''

Born Leonard Alfred Schneider, Lenny Bruce became popular in the late 1950s with a brazen and precedent-setting style of comedy that included sexual content, religious blasphemy and, later, bold political satire. He also threw a barrage of foul language at his audience that was unheard of among mainstream comics, and that resulted in his being arrested in several cities including San Francisco.

Died 2 years after charge

The only charge that stuck came after a New York performance at the Cafe au Go Go in November 1964. Bruce was charged with giving an obscene performance, was convicted at trial and failed in an appeal where he represented himself. Bruce, who was addicted to heroin, died of a morphine overdose on Aug. 3, 1966.

Bruce's stature rose again after his death, and he is considered a founding father of both modern comedy and political satire. But an organized move to clear the conviction off the books didn't happen until last year, after biographers Ronald Collins and David Skover finished "The Trials of Lenny Bruce.'' In it, they pointed out a widely held misconception that he was cleared of the New York charge.

"The injustice of the Lenny Bruce case is that it never really became a landmark case,'' said Robert Corn-Revere, a New York First Amendment lawyer who was attorney of record on the matter. "It's a minor crime as far as crimes go, but for free expression it was a very big deal.''

Comedians weighed in

Corn-Revere said he had had no direct contact with Pataki over the past year and a half, when his law firm filed two petitions. Several letters of support were sent during that time, including one that was signed by 10 artists including Williams, Tom and Dick Smothers, Phyllis Diller, Margaret Cho and magicians Penn and Teller.

The Republican governor released a statement late Tuesday morning, calling the pardon "a declaration of New York's commitment to upholding the First Amendment. Freedom of speech is one of the greatest American liberties, and I hope this pardon serves as a reminder of the precious freedoms we are fighting to preserve as we continue to wage the war on terror.''

It was the first posthumous pardon in New York state history.

Corn-Revere said the pardon should be seen as a reminder that even outrageous and offensive opinions are protected by the Constitution. Tom Smothers said the decision is particularly important considering the backlash celebrities such as Bill Maher and the Dixie Chicks have received for expressing unpopular opinions about the Sept. 11 attacks and the war in Iraq.

"Had (Bruce) lived, he would have become a political satirist for sure,'' said Smothers, who lives in the North Bay and owns a winery in Kenwood. "He would be talking about the hypocrisy going on in this country right now.''

Arrested in S.F., too

While the charges in New York were the only ones that resulted in a conviction, Bruce had his share of trouble in San Francisco, where the comic spent much of his free time. He was arrested on suspicion of obscenity outside the Jazz Workshop in San Francisco in 1961 -- a San Francisco cop took issue with his use of the word "c -- s -- ." In 1962 Bruce filed for bankruptcy in U.S. District Court in San Francisco.

Bruce beat the San Francisco charge and others in Los Angeles, Chicago and Philadelphia, but he was sick with drug addiction while the New York case was on appeal. Bruce's popularity waned significantly in his final years, and he had a hard time getting work. Smothers recalls the comic's borrowing $100 about a year before he died.

But Smothers said Bruce would get a kick out of the pardon, likely commenting in his own subversive style:

"He'd probably say something like 'F -- you. It's a little late.' ''